United States District Court, N.D. Illinois
January 10, 2005.
The opinion of the court was delivered by: PHILIP REINHARD, District Judge
MEMORANDUM OPINION AND ORDER
Milton E. Buchanan, a federal prisoner, has filed a motion to
reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2) and
U.S.S.G. Amendment 591. Amendment 591 does not apply to Buchanan
as the subject matter of the amendment relates to Guideline §
2D1.2-a section not applied in Buchanan's sentencing.
While Buchanan's motion also refers in a footnote to Apprendi
v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington,
124 S. Ct. 2531 (2004), he expressly states in that footnote that
he "only brings these cases to the court's attention in an effort
to explain his layman's interpretation of amendment 591, and
nothing more." To the extent the reference to Apprendi and
Blakely could be read as a separate claim, such a claim could
only be brought via 28 U.S.C. § 2255, which would be improper in
Buchanan's case as a successive § 2255 motion.
For the foregoing reasons, the court denies Buchanan's motion
in its entirety.
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